ILNews

Evidence doesn't support enhanced possession charges

Back to TopCommentsE-mailPrintBookmark and Share

Because the state failed to prove that an early training center located near the defendant’s home constituted school property for purposes of enhancing drug charges, the Indiana Court of Appeals ordered the man’s convictions be reduced.

In Robert A. Baker v. State of Indiana, No. 40A05-1109-CR-503, Robert Baker challenged his convictions of Class B felony possession of methamphetamine within 1,000 feet of a school and Class C felony possession of a controlled substance within 1,000 feet of a school.

At Baker’s trial, North Vernon police officer Craig Kipper, who responded to the report of a chemical odor coming from Baker’s apartment, testified that the apartment was approximately 600 feet from the Early Training Center. He said the ETC offered continuing education classes for students who wanted to get their high school diplomas.

Baker argued on appeal that the evidence doesn’t support enhancing his convictions based on the location of the ETC. The judges agreed. The state didn’t point to any evidence presented at trial that showed the ETC was a building or other structure owned or rented by a school corporation or other entity described under Indiana Code 35-41-1-24.7, nor was there evidence that any of the students enrolled in the program were school-age children and not adults or college-age individuals.

Judge Elaine Brown pointed out that previous caselaw has dictated that college and university property does not fall under the term “school property” as used under I.C. 35-41-1-24.7 to support a charge enhancement.

The appellate court ordered that Baker’s convictions be entered as Class D felonies and he be resentenced accordingly.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Don't we have bigger issues to concern ourselves with?

  2. Anyone who takes the time to study disciplinary and bar admission cases in Indiana ... much of which is, as a matter of course and by intent, off the record, would have a very difficult time drawing lines that did not take into account things which are not supposed to matter, such as affiliations, associations, associates and the like. Justice Hoosier style is a far departure than what issues in most other parts of North America. (More like Central America, in fact.) See, e.g., http://www.theindianalawyer.com/indiana-attorney-illegally-practicing-in-florida-suspended-for-18-months/PARAMS/article/42200 When while the Indiana court system end the cruel practice of killing prophets of due process and those advocating for blind justice?

  3. Wouldn't this call for an investigation of Government corruption? Chief Justice Loretta Rush, wrote that the case warranted the high court’s review because the method the Indiana Court of Appeals used to reach its decision was “a significant departure from the law.” Specifically, David wrote that the appellate panel ruled after reweighing of the evidence, which is NOT permissible at the appellate level. **But yet, they look the other way while an innocent child was taken by a loving mother who did nothing wrong"

  4. Different rules for different folks....

  5. I would strongly suggest anyone seeking mediation check the experience of the mediator. There are retired judges who decide to become mediators. Their training and experience is in making rulings which is not the point of mediation.

ADVERTISEMENT